Case Problem

Introduction to Alternative Dispute Resolution

A LEAKY SITUATIONi

Mr Tenant (Claimant) rents a commercial property from Ms Landlord (Respondent) where he operates his
bakery called ‘Bakers Dozens’. Mr Tenant rented this property for a 2-year period from 20 March 2013. He
then renewed the lease on 21 March 2015 for a year ending on 20 March 2016.

On 15 September, Mr Tenant noticed some leaky pipes on the property and alerted Ms Landlord a few days
later on the 17 September. Mr Tenant asked Ms Landlord to send someone over as soon as possible as he
started to notice there was water in the walls in the oven room and shop floor of the bakery. Mr Tenant
didn’t hear anything back from Ms Landlord until several workmen came over to the property on 1 October
2015. This was a Saturday and a particularly busy day for the bakery, so to avoid disruption Mr Tenant sent
the workmen away and told them to call Ms Landlord to arrange another date.

On 11 October Ms Landlord sent workmen to repair the leaky pipes and any damage. However, Mr Tenant
was not on the premises and the workmen did not have an access key to the building, so they went back to
the depot.

On 3 December, Ms Landlord again sent the workmen to the premises to repair the leaky pipes. The bakery
was particularly busy that day as Mr Tenant had 2 weddings to cater. Mr Tenant sent the workmen away
as he did not want them to disrupt his business since these orders would generate a considerable profit for
the business. On 5 December Mr Tenant has to shut down one of his large industrial ovens as water
started leaking from the walls near the electrical appliances.

THE SITUATION

Mr Tenant’s Position: Mr Tenant is very annoyed at Ms Landlord since the pipes are still leaking even
though he found the leak 5 months earlier. He has lost a considerable amount of revenue from his inability
to fully satisfy orders as he had to turn off one of his ovens. Since December, his bakery has only been
working at 65% capacity. Mr Tenant has had to struggle with the leaky pipes and wants adequate
compensation for all damage caused and his loss of enjoyment to the premises.

Ms Landlords Position: Ms Landlord feels she has done everything within her power to fix the leaky pipes
for Mr Tenant. She has sent workmen to the premises 3 times in order to repair the leaking pipes and any
damage that may have been cased. Ms Landlord believes that Mr Tenant has stopped the prompt repair of
the leaky pipes and is therefore at fault for any resulting damage. Ms Landlord wants Mr Tenant to pay for
the damage and the call-out charges for the workmen.

i
This role-play simulation was written by Christy Burzio under the supervision of Julio César Betancourt, and edited by
Jason Crook.

Contact Us: To register for a course or for more information, please contact the Education & Training Team. For
worldwide training opportunities, find your local branch at www.ciarb.org/branches. Contribute to the ADR debate and
receive updates about CIArb news, training and events. Join CIArb on LinkedIn, Facebook or Twitter.
CIArb, 12 Bloomsbury Square, London, WC1A 2LP, UK
T: + +44 (0)20 7421 7439 F: +44 (0)20 7404 4023 E: education@ciarb.org W: www.ciarb.org
Registered Charity: 803725